MZUMBE UNIVERSITY

FACULT OF LAW

PROGRAMME NAME LLB II

STREAM B
COURSE NAME LABOUR LAW
COURSE CODE 230
NAME OF LECTURER MR. H. MOSHI
NATURE OF ASSIGNMENT INDIVIDUAL ASSIGMENT
NAME OF STUDENT ERASTO GASPER MLINGI
REGISTRATION NUMBER 1236121/T.23
DATE OF SUBMISSION 22/11/2024

QUESTION
Do a research and write down the detailed description with clear and relevant authorities and
examples the sources of labour law in Tanzania.
 WORK OUTLINE

1.0 INTRODUCTION
1.1 Concept of labour law
1.2 Classificaion of labour law
1.2.1 Substantive labour law
1.2.2 Procedural labour law
1.2.3 International labour law
2.0 MAIN BODY
2.1 Sources of Labour law
2.1.1 The Constitution of United Republic of Tanzania
2.1.2 Principle Legislation
2.1.3 Subsidiary Legislation
2.1.4 Judicial Precedent
2.1.5 Supranational Sources of Labour law
3.0 CONLUSION
4.0 REFERENCES
1.0 INTRODUCTION
1.1 Concept of labour law

Labour law can also be known as employment law or industrial law. Most scholars and
academicians have argued that there is no comprehensive and conceptually agreeable
definition of labour law. Consequently, scholars have attempted to formulate several
definitions of the subject.

The Black Law Dictionary defines labour law as the field of law governing the relationship
between employers and employees, especially that law governing the dealings of employers
and the unions that represent the employees 1. In other words, labour law is the branch of law
that deals with the relationship, rights, duties and responsibilities of workers and employers,
trade unions, employer’s organization as well as the state in respect of the provision and the
use of labour, defining how the parties to a labour contract and ought to conduct themselves
within the context of the relationship.

1.2 classification of labour law

Essentially labour law can be classified into three categories which are;

1.2.1 Substantive labour law

This is the branch of labour law that generally set out the minimum standards they need to be
observed by both employers and employees. Notably, the substantive part of labour law deals
with among other things like, contract of service and contract for services, termination of
employment and benefits for determination. Example Employment and Labour Relation Act
Chapter 366 Revised Edition 20192.

1.2.2 Procedural labour law

The procedural part of labour law lays down fundamental procedures to be followed in
enforcement of substantive standards, enforcement of rights and also lay down the institution
framework to resolve all labour disputes. Example Labour Institution Act 3 and G.N. No.42,
64, 65, 66 and 67 of 2007.

1.2.3 International labour law

1
Bryan,A., (Ed.), Black’s Law Dictionary, 8th Edn, 2004 at p. 2552.
2
[ CAP: 366 R.E 2019]
3
[ NO: 7, 2004]
Refers to the code of rules which the International Labour Organization (ILO) has created,
governing the rights of employees and the duties of the employers across public and private
international law. Example Forced Labour Convection of 1930, Equal Remunaration
Convection of 1951 and Discrimination (Employment and Occupation) Convection of 1958.

2.0 MAIN BODY

2.1 SOURCES OF LABOUR LAW

2.1.1 THE CONSTITUTION OF THE UNITED REPUBLIC OF

TANZANIA.

The constitution of the United Republic of Tanzania, stands as the main source of all laws in
the land in which the labour law be one of them, where by these laws should be in
consonance with the principles enshrined in the Constitution as per Article 64(5) of the
Constitution of United Republic of Tanzania 4. As far as labour law is concerned, there are
some Articles which provide for the existence of labour law with their respective reflection
on the laws relating to labour in Tanzania;

 Article 13(4) of the Constitution provide that “No person shall be discriminated
against by any person or authority acting under any law or in the discharge of the
functions or business of any state office 5.” This particularly focuses on the equal
chances, rights and privileges in the employment industry, regardless of the tribes,
political opinion, color, sex, station of life and any other discriminative sentiment.
This ground is shown also in section 7(1) of The Employment and Labour Relation
Act which bases on the prohibition of discrimination in work places6.
 Article 20 of the Constitution provide for the freedom of association, this freedom
grants workers with the ability to assemble and cooperate with others through
association or organization formed with the purpose of preserving and fostering their
welfare in work premises, it should be bear in mind that this freedom make the
foundation of the existence of trade union and workers organization as stipulated in
section 9 to 11 of The Employment and Labour Relation Act7.
 Article 22 of the Constitution provide for the right to work, where by this guarantee
an opportunity to participate to any legitimate undertaking so as to earn a living. In
4
The Constitution of United Republic of Tanzania of 1977
5
Ibid (n4)
6
Ibid (n2)
7
Ibid (n2)
 strengthening this right, there are several legislations which have been enacted by the
parliament so as to promote conducive relationship between employers and
employees as long as labour relation is concerned. Also the government has ratified
the number of international treaties and convections to regulate labour relations, and
these are Forced Labour, 1930 (No. 29), Freedom of Association and Protection of the
Right to Organise Convection, 1948 (No. 87) and Worst Forms of Child Labour
Convection, 1999 (No.182)
2.1.2 PRINCIPAL LEGISLATION

These are the laws which are made directly under the authority of Article 64 of the
Constitution of United Republic of Tanzania, there are specific legislation governing the
legal matters and other contribute to the labour relation in working premises. And here is how
they are related;

 Section 34 of the Public Service Act 8, provide for the compensation for the
occupational disease or death to be done in accordance with the provision in section
27 of the Workers Compensation Act9, as the matter of fact Public Service Act can
stand as source of labour law in Tanzania.
 Section 81 of the Income Tax Act10, provide for the withholding by employers from
their payment with accordance with the law this is done by the rate provided under
this Act, it is sometimes known as “pay as you earn”, this basis is explained in section
28 of the Employment and Labour relation Act to show the deductions concerning
remuneration which is done under the due permission of the written law, this
relationship shows the way principal legislation is the source of labour law in
Tanzania.
 Section 24 of the National Social Security Fund Act 11, provide for the amount of
retirement pension which is to be done in accordance with a formula prescribed in the
regulations made by the Minister and outlined in the Social Security (Regulation
Authority) Act. This is also shown in section 49 of the Workers Compensation Act
which explains on lump sum in lieu of a pension, this is done in order to secure the
workers welfare after their retirement. Therefore his shows the existence of labour
law from principal legislations of our country.

8
[CAP:298 R.E 2019]
9
[CAP:263 R.E 2015]
10
[CAP:332 R:E 2019]
11
[CAP: 50 R.E:2018]
 2.1.3 SUBSIDIARY LEGISLATON

These are also known as delegated legislations or secondary legislations, they are defined
under section 4 of the Interpretation of Laws Act 12, to mean an order or rule made under any
Act or any other authority. Also they are given authority under Article 97(5) of the
Constitution of United Republic of Tanzania, for the Parliament to have the power to enact
provisions conferring any person, or department of the Government to make regulations
having the force of law or conferring the force of law on any regulation made by any
person13. The following are some delegated legislations made as far as labour law is
concerned;

 The employment and Labour Relations (Code of Good Practice) Rules 14,
which is made under section 99(1) of the Employment and Labour Relation
Act, so as to apply in due of providing the codes of practice to all employees,
employers, trade unions, employer organizations, mediators, arbitrators,
assessors, Judges and shall include Government Officials only when
employment relationship is concerned.
 The labour Institutions (Mediation and Arbitration) Rules 15, which is made
under section 15(1) (e) the Labour Institution Act, in order to institute rules to
regulate the internal administration of the Commission, practice and
procedures for mediating disputes, the practice and procedure for arbitrating
dispute and the practice and procedure of the essential service committee as to
where the rules are seem to be applicable.
 The Labour Institutions (Ethics and Code of Conduct for Mediators and
Arbitrators) Rules16, which is made under sections 15(1) (g) and 19(4) of the
Labour Institution Act which gives the Commission power to publish a code
of ethics for mediators and arbitrators so as to ensure that they comply with
the code of conduct in performing their functions.

2.1.4 JUDICIAL PRECEDENT

12
[ CAP: 1 R:E: 2019]
13
Ibid (n4)
14
[G.N. No.42 of 2007]
15
[G.N. No.64 of 2007]
16
[G.N. No 66 of 2007]
It is a matter of no doubt that case laws serves as the potential primary sources of laws in
Tanzania as it provides guidance on how legal principles applies in specific situation and
contribute to the evolutions of legal doctrines, as far as labour law is concerned there is a
common law doctrine which states that “Locutio Conductio Operarum” to mean letting or
hiring a person service for remuneration, this originated from Roman Laws and adopted in
our jurisdiction to refer any contract of service. Example some of cases which stands as
precedent in labour law includes GOULD V MINISTER OF NATIONAL INSURANCE
AND ANOTHER17 where by the Judge made a clear principle in distinguishing contract of
service and contract for service. Also in the case of JUWATA V KIUTA 18 where by it was
put to the effect that, dispute of management employees are supposed to go directly to the
industrial court of Tanzania without passing through the Conciliation Board. Therefore this
decisions pronounced and more others can be used to make the ground in deciding similar
case of similar facts when labour law is concerned.

2.1.5 SUPRANATIONAL SOURCES OF LABOUR LAW

It has to be bear in mind that the essence of labour law does not only originate from
municipal laws rather international instruments plays a vital role to its existence. And the
following are the main sources of supranational sources of labour law in Tanzania;

 International Treaties

Tanzania has been a member of International Labour Organization since 1962. The ILO has
provided technical and financial support in Tanzania in areas such as labour law compliance,
law which Tanzania has ratified includes; Maritime Labour Convection, 2006 ratified on
April 3,2019; Seafarers’ Identity Documents Convection 2003, ratified on October 11,2017
and Equal Remuneration Convection, 1951 ratified on February 26,200219.

 Bilateral Workers Agreement in which labour law principles may be applied.

These agreement are made by Tanzania together with any other country so as to strengthen
labour relationship between the two. Example Bilateral Labour Migration Agreement which
is a legally binding arrangement between two countries or agencies that outlines how each
party will govern labour migration, this include some provisions such as; provisions to
protect migrant workers from exploitation and abuse, provisions to respect and enforce
17
[1951] 1KB 731
18
[1987] TZHC12
19
https:// www.scribd.com< Accessed on 17 November 2024 at 11: 30 pm>
national laws and regulations and the provision to ensure that labour practices protect
internationally recognizes labour rights20. Therefore through the provisions made in bilateral
agreements, it a clear fact that the laws relating to labour in Tanzania may draw its origin.

 Labour law framework emanating from Regional trading blocs.

Regional trading blocs often develop their own labour frameworks to harmonize standard and
protect workers’ rights across member state. Example European Union (EU) has a
comprehensive social dimension including directives on working condition, health and safety
and nondiscrimination. The EU‘s social policy is considered one of the strongest among
regional trading blocs. Also North American Agreement on Labour Cooperation (NAALC)
focuses on promoting and enforcing basic worker rights, it includes mechanisms for
addressing labour issues through cooperative activities and consultations 21. Hence can be
used as sources of labour law in Tanzania.

 Regional and Human Right Treaties

Regional and Human Rights Treaties have been of the great potential in relation to labour law
in Tanzania in the sense that they provide Articles which explain about labour relation and
how to overcome the disputes which rise between them. Example African Charter on Human
and Peoples Rights adopted in 1981, which has established the African Court on Human and
Peoples Rights so as to deal with all matters that includes land and European Convection on
Rights and Fundamental Freedom that has established provisions to deal with labour
matters22.

3.0 CONCLUSION

These sources collectively ensure that the labour law frame work in Tanzania comprehensive
and capable of addressing labour-related issues. The goal is to balance the interest of the
employers and employees while promoting fair and just working conditions, therefore it has
to be bear in mind that best laws originate from best sources as same applied in labour laws
in Tanzania

REFERENCES
20
https:// www.studocu.com <Accessed on 17 November 2024 at 11:35pm>
21
Ibid (n19)
22
Ibid (n19)
 STATUTES

The Constitution of United Republic of Tanzania of 1977

Employment and Labour Relation Act [CAP: 366 R.E 2019]

Labour Institution Act [NO: 7, 2004]

The Public Service Act [CAP: 298 R.E 2019]

The Workers Compensation Act [CAP: 263 R.E 2015]

The Income Tax [CAP: 332 R.E 2019]

The National Social Security Fund Act [CAP: 50 R.E:2018]

The Interpretation of Laws Act [CAP: 1 R.E: 2019]

The employment and Labour Relations (Code of Good Practice) Rules [G.N. No.42 of 2007]

The labour Institutions (Mediation and Arbitration) Rules [G.N. No.64 of 2007]

The Labour Institutions (Ethics and Code of Conduct for Mediators and Arbitrators) Rules
[G.N. No 66 of 2007]

CASES

GOULD V MINISTER OF NATIONAL INSURANCE AND ANOTHER [1951] 1KB 731

JUWATA V KIUTA [1987] TZHC12

BOOKS

Bryan,A., (Ed.), Black’s Law Dictionary, 8th Edn, 2004 at p. 2552.

ONLINE MATERIALS

https:// www.scribd.com< Accessed on 17 November 2024 at 11: 30 pm>

https:// www.studocu.com <Accessed on 17 November 2024 at 11:35pm>